◆ SpookStack

- 36 the twelve expelled spies from the PW Union, and at the most did not include over fifteen to twenty members. On September 27, 1937, Elshoff announced that he would reopen Mine B. When the miners reported for work, Oscar Feleetti, the Mine Supsrintenient, refuaed to hire anyone except IMW Thien members, stating that Elshoff had signed a closed contract with that Union on August 18, 1937. As @ result it was impossible to reopen the Mine as only approximately twelve men admitted being UMW members. Thereafter the Pa Union picketed Mine B. The National Labor Relations Board held an election at Mine B on December 15, 1937, to determine which Union the employees desired. The PMY Union won this election by a wote of 404 to 25. On December 13, 1937, just two days prior to the NIRS election, Elshoff again unsuccessfully attempted to reopen Mine B under the sane circumstances as etated above, that is, on the basis of hiring only (iW ental tar) Gu GL On January 4, 1938, just prior to the date the NLAB certified the PM Union as the bargaining agent for Mine B, Elshoff again attempted to re~ open Mine B, and as before, Oscar Falcetti refused to hire any except UMW Union members, with the result that there were not enough workers to operate the Mine. The UMW contended that the election of December 15, 1937, was fraudulent, however, and although the majority of the miners had been inter- viewed during this investigation, no evidence was uncovered to indicate that this was true. Om November 6, 1939, Elshoff reopened Mine B on an open shop basis. Investigation has disclosed that although membera of both Unions were hired, 4% appears that Usin members wers hired generally and os & satter of courss while many PMW members were turned dom. Both prior and subsequent to the ing of the Mine, the officials of the PMW Union made frequent contact with Elshoff in an attempt to negotiate a contract. These conferences so~ complished ahsolutely nothing, and it does not appear that there were any specific differences claimed by either the PMW Union or Elshoff with the ex- ception of the former's demand that the alleged spies be prohibited from work- ing at Mine B. Investigation bas also developed considerable evidence indicating that Elshoff and Oscar Falcetti, the Mine Superintendent, allowed UW Organisers to openly eolicit union mambership on the premises of Mine B during working hours; however, they denied the same privilege to PNW Union Organizers, having previously obtained a court injwmction during the time the ifine was closed prohibiting the PMY from entering Elshoff's property without pemission. This injunction was secured at the time Elshoff attempted to reopen Mine B in Decen- ber, 1937, and the mine was picketed by PMY members. No violence took place ee a 5 ee Sen eee en Sanne GUPihg Wills Paces tLhg, Nowe Vor. re